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The victim was a 14-year-old girl who testified that D forced her into his car, drove her to a wooded area, beat her, and then attempted to have sexual intercourse. She ran away to safety. D testified that he remembered nothing about the incident and pled not guilty to charges of kidnapping and not guilty by reason of insanity. D claimed that his lack of recall began as of the time he drove his car over an embankment the day before the alleged kidnapping. A psychiatrist testified that he had diagnosed D as a sociopathic personality and anti-social reaction with a meanness toward human beings, an inability to get along and an inability to abide by the rules of society with extreme aggressiveness towards other human beings. D was convicted and sentenced to life. D appealed; The trial court erred with the instruction as to who had the burden of proof in connection with the defense of unconsciousness.

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